a health service hospital;

an independent hospital or an independent clinic; or

a residential family centre,

in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or

it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;

he is a local authority foster parent in relation to the child;

he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or

he fosters the child privately.

any other establishment in which treatment or nursing (or both) are provided for persons liable to be detained under the M1Mental Health Act 1983.

medical treatment under anaesthesia or sedation;

dental treatment under general anaesthesia;

obstetric services and, in connection with childbirth, medical services;

termination of pregnancies;

treatment using prescribed techniques or prescribed technology.

except any description of establishment from the definitions in subsections (2) to (4);

except any description of undertaking from the definition in subsection (5);

modify the definition in subsection (7).

persons who are or have been ill;

persons who have or have had a mental disorder;

persons who are disabled or infirm;

persons who are or have been dependent on alcohol or drugs.

a hospital;

an independent clinic; or

a children’s home,

accommodation is provided for children and their parents;

the parents’ capacity to respond to the children’s needs and to safeguard their welfare is monitored or assessed; and

the parents are given such advice, guidance or counselling as is considered necessary.

an undertaking which consists of or includes discharging functions of local authorities in connection with the placing of children with foster parents; or

a voluntary organisation which places children with foster parents under section 59(1) of the 1989 Act.

any reference to a description of establishment is a reference to a children’s home F146, a children’s home providing accommodation for the purpose of restricting liberty, an independent hospital, an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under the M37Mental Health Act 1983, an independent clinic, a care home or a residential family centre;

a reference to any establishment is a reference to an establishment of any of those descriptions.

any reference to a description of agency is a reference to an independent medical agency, a domiciliary care agency, a nurses agency, a fostering agency F145a voluntary adoption agency or an adoption support agency;

a reference to any agency is a reference to an agency of any of those descriptions.

the provision in England of independent health services; and

in particular, the availability and quality of the services.

any changes which the CHAI thinks should be made, for the purpose of securing improvement in the quality of independent health services provided in England, in the standards set out in statements under section 23;

any other matter connected with the provision in England of such services.

the provision in England of registered social care services; and

in particular, the availability and quality of the services.

any changes which the CSCI thinks should be made, for the purpose of securing improvement in the quality of registered social care services provided in England, in the standards set out in statements under section 23;

any other matter connected with the provision in England of registered social care services.

by virtue of section 5A(7) are exercisable by the CHAI;

by virtue of section 5B(7) are exercisable by the CSCI; or

by virtue of section 118(4) of the Education and Inspections Act 2006 are exercisable by the CIECSS,

its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and

medical or psychiatric treatment, or

listed services (as defined in section 2).

any functions exercisable by the Assembly by virtue of section 5(b) or 8(3); or

if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.

must give the prescribed information about prescribed matters;

must give any other information which the registration authority reasonably requires the applicant to give,

the requirements of regulations under section 22; and

the requirements of any other enactment which appears to the registration authority to be relevant,

vary or remove any condition for the time being in force in relation to a person’s registration; or

impose an additional condition.

on the ground that that person has been convicted of a relevant offence;

on the ground that any other person has been convicted of such an offence in relation to the establishment or agency;

on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

on any ground specified by regulations.

an offence under this Part or regulations made under it;

an offence under the M4Registered Homes Act 1984 or regulations made under it;

an offence under the 1989 Act or regulations made under it;

an offence under regulations under section 1(3) of the Adoption (Intercountry Aspects) Act 1999,

an offence under the Adoption and Children Act 2002 or regulations made under it

any requirements or conditions imposed by or under this Part; and

the requirements of any other enactment which appear to the registration authority to be relevant.

for the variation or removal of any condition for the time being in force in relation to the registration; or

for the cancellation of the registration.

if the registration authority has given him notice under section 17(4)(a) of a proposal to cancel the registration, unless the registration authority has decided not to take that step; or

if the registration authority has given him notice under section 19(3) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.

the amount determined under section 113A, where the registration authority is the CHAIF159, the CSCI or the CIECSS; or

the prescribed amount, where the registration authority is the Assembly.

the making of applications for registration;

the contents of certificates of registration.

of such amount as may be determined under section 113A, where the registration authority is the CHAIF160, the CSCI or the CIECSS; and

of such amount as may be prescribed, where the registration authority is the Assembly.

to cancel the registration (otherwise than in accordance with an application under section 15(1)(b));

to vary or remove (otherwise than in accordance with an application under section 15(1)(a)) any condition for the time being in force in relation to the registration; or

to impose any additional condition in relation to the registration.

any person on whom the notice was served has made written representations to it concerning the matter;

any such person has notified the registration authority in writing that he does not intend to make representations; or

the period during which any such person could have made representations has elapsed.

explain the right of appeal conferred by section 21;

in the case of a decision to adopt a proposal under section 17(2), state the conditions subject to which the application is granted; and

in the case of a decision to adopt a proposal under section 17(4)(b) or (c), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

if no appeal is brought, until the expiration of the period of 28 days referred to in section 21(2); and

if an appeal is brought, until it is determined or abandoned.

it appears to the justice that, unless the order is made, there will be a serious risk to a person’s life, health or well-being,

a copy of the order; and

notice of the right of appeal conferred by section 21.

the local authority in whose area the establishment or agency is situated;

the F164Primary Care Trust orF165Local Health Board in whose area the establishment or agency is situated; and

any statutory authority not falling within paragraph (a) or (b) whom the registration authority thinks it appropriate to notify.

the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, and

it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

a copy of the order, and

notice of the right of appeal conferred by section 21.

the local authority in whose area the establishment or agency is situated,

the Local Health Board in whose area the establishment or agency is situated, and

any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.

a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and

the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm.

a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

a decision under section 14A to suspend the registration or extend the period of suspension.

state that it is given under this section,

state the Welsh Ministers' reasons for believing that the circumstances fall within subsection (1)(b),

specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

explain the right of appeal conferred by section 21.

a decision of the registration authority under this Part; or

an order made by a justice of the peace under section 20,

to vary any condition for the time being in force in respect of the establishment or agency to which the appeal relates;

to direct that any such condition shall cease to have effect; or

to direct that any such condition as it thinks fit shall have effect in respect of the establishment or agency.

make provision as to the persons who are fit to carry on or manage an establishment or agency;

make provision as to the persons who are fit to work at an establishment or for the purposes of an agency;

make provision as to the fitness of premises to be used as an establishment or for the purposes of an agency;

make provision for securing the welfare of persons accommodated in an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency;

make provision for securing the welfare of children placed, under section 23(2)(a) of the 1989 Act, by a fostering agency;

make provision as to the management and control of the operations of an establishment or agency;

make provision as to the numbers of persons, or persons of any particular type, working at an establishment or for the purposes of an agency;

make provision as to the management and training of such persons;

impose requirements as to the financial position of an establishment or agency;

make provision requiring the person carrying on an establishment or agency to appoint a manager in prescribed circumstances.

as to the promotion and protection of the health of persons such as are mentioned in that paragraph;

as to the control and restraint of adults accommodated in, or provided with services by, an establishment;

as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.

as to the promotion and protection of the health of children such as are mentioned in that paragraph;

as to the control, restraint and discipline of such children.

make provision as to the facilities and services to be provided in establishments and by agencies;

make provision as to the keeping of accounts;

make provision as to the keeping of documents and records;

make provision as to the notification of events occurring in establishments or in premises used for the purposes of agencies;

make provision as to the giving of notice by the person carrying on an establishment or agency of periods during which he or (if he does not manage it himself) the manager proposes to be absent from the establishment or agency, and specify the information to be supplied in such a notice;

provide for the making of adequate arrangements for the running of an establishment or agency during a period when the manager is absent from it;

make provision as to the giving of notice by a person registered in respect of an establishment or agency of any intended change in the identity of the manager or the person carrying it on;

make provision as to the giving of notice by a person registered in respect of an establishment or agency which is carried on by a body corporate of changes in the ownership of the body or the identity of its officers;

make provision requiring arrangements to be made by the person who carries on, or manages, an establishment or agency for dealing with complaints made by or on behalf of those seeking, or receiving, any of the services provided in the establishment or by the agency and requiring that person to take steps for publicising the arrangements;

make provision requiring arrangements to be made by the person who carries on, or manages, an independent hospital, independent clinic or independent medical agency for securing that any medical or psychiatric treatment, or listed services, provided in or for the purposes of the establishment or (as the case may be) for the purposes of the agency are of appropriate quality and meet appropriate standards;

make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose F26of restricting liberty, including a requirement to obtain the permission of any local authority who are looking after the child;

as to the facilities which are to be provided for giving religious instruction to children in children’s homes.

a person (“P”) is registered in respect of a relevant establishment or agency; and

the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.

states that the CIECSS is of the opinion mentioned in subsection (1)(b);

specifies the requirement with which the CIECSS considers P is failing or has failed to comply;

specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;

specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;

specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;

specifies a period for the taking of those steps; and

explains the effect of subsections (4) and (5).

a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;

was accommodated there when the notice was served; and

has continued to be accommodated there since the notice was served.

explain the requirement imposed by the notice;

specify the establishment in relation to which that requirement is imposed;

give the registration authority's reasons for serving the notice;

explain the right of appeal conferred by section 21.

at such time as may be specified in the notice;

if the registration authority serves a notice to that effect on the person on whom the notice under subsection (1) was served;

if the Tribunal so directs under section 21(4A) or (4B).

the registration authority serves a notice on a person under subsection (1) or (4)(b); and

one or more other persons are registered in respect of the establishment to which the notice relates.

a children's home;

a residential family centre.

in the making of any decision by the registration authority under this Part;

in any proceedings for the making of an order under section 20;

in any proceedings on an appeal against such a decision or order; and

in any proceedings for an offence under regulations under this Part F28or proceedings against a voluntary adoption agency for an offence under section 9(4) of the Adoption Act 1976 or F29against a voluntary adoption agency or adoption support agency for an offence under section 9 of the Adoption and Children Act 2002.

applies any name to premises in England or Wales; or

in any way describes such premises or holds such premises out,

F161the CHAIF163, the CSCI or the CIECSS(as appropriate) or, in relation to any functions of F162either the CHAI or the CSCI which the Secretary of State is by virtue of section 113 for the time being discharging, the Secretary of State; or

the Assembly.

any director, manager, or secretary of the body corporate; or

any person who was purporting to act in any such capacity,

to any other similar officer of the body; and

where the body is a local authority, to any officer or member of the authority.

relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

is prescribed for the purposes of this section.

an offence under this Part or under regulations made under this Part, or

an offence under regulations made under section 9 of the Adoption and Children Act 2002.

provision as to the form and content of penalty notices,

provision as to the monetary amount of the penalty and the time by which it is to be paid,

provision determining the methods by which penalties may be paid,

provision as to the records to be kept in relation to penalty notices,

provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

power to require the provision of copies of any documents or records (including medical and other personal records); and

in relation to records kept by means of a computer, power to require the provision of the records in legible form.

make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;

inspect and take copies of any documents or records F34(including medical and other personal records) required to be kept in accordance with regulations under this Part, F35section 9 of the Adoption and Children Act 2002, section 23(2)(a) or 59(2) of the 1989 Act or section 1(3) of the M5Adoption (Intercountry Aspects) Act 1999;

interview in private the manager or the person carrying on the establishment or agency;

interview in private any person F36working there;

interview in private any patient or person accommodated or cared for there who consents to be interviewed.

power to require the manager or the person carrying on the establishment or agency to produce any documents or records, wherever kept, for inspection on the premises; and

in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

is a medical practitioner or registered nurse; and

has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.

intentionally obstructs the exercise of any power conferred by this section or section 32; or

fails without a reasonable excuse to comply with any requirement under this section or that section,

may require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under section 31 or this section;

may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

shall prepare a report on the matters inspected; and

shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.